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Gifford v. State

The state violated the defendant's statutory speedy trial right.

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Chiquita Gifford appeals the trial court’s denial of his motion for discharge and acquittal, alleging that the state violated his right to a speedy trial under OCGA § 17-7-170.1 For the reasons set forth below, we reverse. On January 30, 2007, Gifford was arrested on drug-related charges. Because he was on probation at the time of his arrest, Gifford was held in the Coffee County Jail without bond. Apparently after his probation was revoked, Gifford was placed in the Georgia State Penitentiary System, where he has remained incarcerated throughout this case.2

On April 25, 2007, the grand jury returned an indictment charging Gifford with trafficking in cocaine and possession of marijuana. The indictment was returned in the March 2007 term of the Superior Court of Coffee County. See OCGA § 15-6-3 41 D.3 On May 10, 2007, in the same term of court, Gifford filed his demand for speedy trial pursuant to OCGA § 17-7-170.

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